A. P. RAVANI, V. H. BHAIRAVIA, J.

( 1 ) THE facts leading to this Criminal Miscellaneous Application be briefly stated In Sessions Case No 91 of 1984 one Ramji Devsi Bhil alias Chakla was also arraigned as accused along with other five accused All of them were charged for offence punishable under Sec. 302 read with Secs 147 148 and 149 of I. P. Code and for offence under Sec. 135 of the Bombay Police Act Alternatively they were charged for offence punishable under Sec. 302 read with Sec. 34 of I P Code and also for offence punishable under Sec. 37 (1) of the Bombay Police Act It was alleged that on 8/07/1984 at about also p. m. at village Chalva Taluka Deodar in the field of one Rabari Malabhai all the accused had assembled in unlawful assembly and had caused injuries to one Kanjibhai Bhanabhai by means of deadly weapons like Katar (a crescent shaped weapon) and sticks It was also alternatively alleged that all the accused had common intention of causing death of deceased Kanjibhai and in furtherance of their common intention they had caused injury by means of deadly weapons on the person of the deceased and thereby heard caused his death that at the time of committing the aforesaid offence the accused were in possession of deadly weapons in contravention of the relevant notifications issued under the relevant provisions of the Bombay Police Act and thereby the accused were also charged for committing offence punishable under Sec. 37 (1) read with Sec. 135 of the Bombay Police Act The charge was framed on 2/04/1985

( 2 ) ACCUSED No. 3 - Bhil Chakla alias Ramji Devsi submitted an application Exh 13 to the Court of Sessions on 18/04/1985 praying that he be granted pardon and he be examined as approver The application was submitted through the Superintendent Palanpur Sub Jail The learned Additional Sessions Judge after hearing the learned Public Prosecutor and the Advocate for the accused passed a detailed reasoned order and allowed the application as per his order dated 7/05/1985 The learned Additional Sessions Judge directed that accused No 3 (i. e. Bhil Chakla alias Ramji Devsi) be given pardon on condition that he makes a true and full disclosure of the whole of the circumstances within his knowledge relating to the offence and his statement may be recorded under Sec. 164 of the Criminal Procedure Code on 9-5-1985

( 3 ) THEREAFTER on behalf of other five accused Criminal Revision Application No 229 of 1985 was filed in this High Court challenging the legality and validity of the order passed by the learned Additional Sessions Judge granting pardon to original accused No 3 That revision application came up for hearing before this High Court (Coram : A. S. Qureshi J.) on 3/06/1985 Learned Counsel appearing for the applicants-original accused withdrew the revision application and thereupon the Court passed the following order mr. S. M. Shah. learned Counsel for the petitioner seeks permission to withdraw the petition. Permission is granted Petition lands disposed of as withdrawn Thereafter on 5/07/1985 as directed by the learned Additional Sessions Judge statement of original accused No. 3 i. e. Bhil Chakla alias Ramji Devsi was recorded.

( 4 ) ON 9/07/1985 another revision application being Criminal Revision Application No. 315 of 1985 was filed by all the other five accused. That revision application was admitted by this Court (Coram: D. C. Gheewala J.) and interim relief as regards stay of further proceedings of Sessions Case No. 91 of 1984 as prayed for was granted. That revision application came up for final hearing on 19/08/1985 Learned Counsel for the applicants sought permeation to withdrawn the revision application and the prayer has been granted by the Court on 19/08/1985 Interim relief granted earlier was vacated.

( 5 ) THEREAFTER the trial Court proceeded further. The evidence of the approver was recorded on 8/12/1985 Deposition of other witnesses were recorded later on. Ultimately as per judgment and order dated 17/02/

Click Here to Read the rest of this document